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Leonardo Nuncio v. Texas

Paid petition · Court of Criminal Appeals of Texas, No. PD-478-19 · judgment April 6, 2022


Certiorari denied · November 7, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Is Texas’s obscene harassment statute (Tex. Penal Code 42.07(a)(1) and (b)(3)) unconstitutionally vague and overbroad?

  2. Does the Miller v. California obscenity test chill critical speech and emotional speech?

Counsel of record

For petitioner
Oscar Osmar Pena
Osmar O. Pena Law, PLLC

For respondent

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Nov 07 2022
    Petition DENIED.
  2. Oct 19 2022
    DISTRIBUTED for Conference of 11/4/2022.
  3. Sep 01 2022
    Petition for a writ of certiorari filed. (Response due October 6, 2022)